IN THE HIGH COURT OF MEGHALAYA
S.R. Sen, J.
Smti. Twes Nongseij - Appellant
Vs.
State of Meghalaya - Respondent
WP(C) No. 1 of 2015
Decided On : 17-03-2017
Lok Adalat - Settlement Dispute - Legal Services Authorities Act, 1987, Section 21
Fact of the Case:
The petitioner sought redressal for an award passed in a revenue proceeding at Lok Adalat, claiming that she was illiterate and did not understand the implications of the award. The respondent argued that the award was final and binding as per the Legal Services Authorities Act, 1987.
Finding of the Court:
The court found that once a dispute is settled with consent at Lok Adalat, it cannot be further agitated, as per Section 21 of the Legal Services Authorities Act, 1987.
Issues: The main issue was whether the petitioner could challenge the award passed in Lok Adalat under Articles 226 and 227 of the Constitution of India.
Ratio Decidendi: The court held that the award passed in Lok Adalat is final and binding on all parties to the dispute, and no appeal shall lie to any court against the award, as per Section 21 of the Legal Services Authorities Act, 1987.
Final Decision: The writ petition was dismissed and stands disposed of.
JUDGMENT :
S.R. Sen, J.
Heard Mr. K. Paul, learned counsel for the petitioner as well as Mr. G.S. Massar, learned Sr. counsel assisted by Mr. L.S. Darnei, learned counsel and Mr. S.C. Chakrawarty, learned Sr. counsel assisted by Ms. M. Mahanta, learned counsel for the respondent No. 3 and Mr. S. Sen Gupta, learned Addl. Sr. GA for the respondents No. 1 & 2.
2. The brief fact of the petitioner's case in a nutshell is that:
The impugned Award being passed in complete non appreciation of the fact that dispute in question over the public road leading to Petitioner and Respondents residence is actually a PWD road and interestingly, the Public Works Department was not even represented before the Conciliators before passing of the impugned Award. Furthermore, the Petitioner being illiterate was neither explained nor made to understand the contents of the Award thereby inducing her to concede to the award without understanding the meaning and implications that may flow from the award.
Being highly aggrieved and dissatisfied by the impugned Award dated 06.12.2014 passed in Revenue proceeding MBR/RA. No. 4 of 2014 at the Lok Adalat held on 6.12.2014, the Petitioner has approached this Hon'ble Court for redressal for her genuine grievance."
3. The learned counsel for the petitioner argued that, initially when the petitioner made a compromise before the Lok Adalat which was held on 06.12.2014, she could not understand that she may find inconvenient with parting of the land and signed the Compromise/Settlement Award with the respondent and accordingly, the settlement Award was passed on 06.12.2014 in Revenue proceeding MBR/RA. No. 4 of 2014, whereby the dispute between the parties was settled. The learned counsel for the petitioner further prayed that since the petitioner could not understand the contents of the Award, she will face difficulty, so the Award passed by the Lok Adalat may be set aside. He also argued that the PWD, Government of Meghalaya, Shillong was not represented at the time of passing the Award. To support his submission, the learned counsel for the petitioner relied upon the decision of the Hon'ble Supreme Court in the case of State of Punjab and another v. Jalour Singh and others: (2008) 2 SCC 660.
4. On perusal of the said judgment referred above, to my humble understanding, it is understood that, once the dispute is settled with consent, it has no scope further to come back to the Court as the decision of the Lok Adalat shall be binding upon the parties and they cannot deviate themselves. Therefore, I am of the considered view that since there is no defect noticed in the Award, the petitioner has no right to approach the Court under Articles 226 and 227 of the Constitution of India.
5. On the other hand, Mr. G.S. Massar and Mr. S.C. Chakrawarty, learned Sr. counsels for the respondent No. 3 assailed that, once the matter is settled before the Lok Adalat with full consent of the parties, the question of coming back to the Court on the issue does not arise and it is barred under Section 21 of Law Relating to Lok Adalats (Legal Services Authorities Act, 1987). So, the petition may be closed.
6. After hearing the submissions advanced by the learned counsel for the parties, I have perused the Award dated 06.12.2014 carefully, which is at Annexure-13 of the writ petition and after going through the Award, I do not find any reason to record that the Award was without the consent of the parties or that there was any drawback in the Award. For ready reference, the said Award dated 06.12.2014 is reproduced herein below:
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